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THE FAY FAMILY PAGE

GENEALOGIES
   
Henry Fisk Fay (1770 - 1818)
   
   
Probate Records, Chittenden Probate District
   
  
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Vermont Directory
  
   
Section 6: Film 1664, Vol 10, pp. 190-8 (transcribed)
   
4 May 1824 - Maria Fay of Williston, one of the heirs of Henry Fay of Richmond filed a petition to have the estate divided to the heirs in the state and those legal representatives of those not in the state;
7 June 1824 - Henry (also called Henry T.) Fay from out of state has interest in the estate and appoints John Fay of Richmond to represent his interest. David Fay, from out of state - has an interest in the estate and appoints Harry Fay of Richmond to represent his interest
21 March 1825 - division of estate of 151+ acres to: Henry T. Fay, David Fay, Nathan Fay, Mary Fay, Jerusha C. Fay, Jonathan Fay, John Lyman [purchased from Betsey],    S. [or possibly L. - see discussion] Maria Fay, Laura Ann Fay
   
   
Henry Fay's Estate
   
State of Vermont
District of Chittenden, Ss
} Be it remembered that at a Court of Probate holden at Burlington
within and for the District of Chittenden on the 4th day of May 1824
Mari[a] Fay one of the heirs of Henry Fay late of Richmond deceased filed her petition in this Court for a division of the said estate among the heirs in form following --viz.
To the Hon. the Probate Court for the District of Chittenden.
The undersigned Maria Fay of Williston one of the heirs of the estate of Henry Fay late of Richmond, deceased, respectfully represents that she holds an equal part of said estate jointly with the other heirs / thereof, and being desirous to hold the same in severalty, she prays the Hon. Court to order a division of the said estate, and to appoint a committee for that purpose. Dated at Williston this fourth day of May A.D. 1824.Maria Fay.
And thereupon this Court issued an order of notice in form following, viz.
State of Vermont
District of Chittenden, Ss
} The honorable the Probate Court, for the District of Chittenden.
To the heirs and all persons concerned in the estate of Henry Fay.
Greetings
Upon the application of Maria Fay, one of the heirs to the estate of Henry Fay, late of Richmond, deceased, requesting a division of the said estate--it is ordered by the court, that the said applicant cause the several persons interested in the said estate, or their attornies, if living within this State, to be duly notified to appear before said court, at a session thereof, to be holden at Williston on the first Monday of June next, to make objections to such division, if they see cause. Dated at Burlington, this 17th day of May A.D. 1824.
Geo. Robinson, Judge
A true record by order, Nathan B. Haswell Register
And at a Court of Probate holden at Williston on the 7th day of June A.D. 1824 it being made to appear that the several persons interested in the estate of Henry Fay late of Richmond deceased have been duly notified and no person appearing to make objections to such division: Therefore this court doth in conformity to the foregoing petition and notice, order and decree a division of the estate of the said Henry Fay among the heirs and issued a warrant to Martin Chittenden, Eli Brownson and Nathan Allen in the form following, viz.
State of Vermont
District of Chittenden, Ss
} The honorable the Court of Probate for the District of Chittenden
To Hon. Martin Chittenden of Williston, Eli Brownson Esq. of Richmond and Nathan Allen of Williston, in the County of Chittenden......Greeting:
L. S.
Whereas application hath been made to me, the subscriber, Judge of the Court of Probate, for the District of Chittenden by Maria Fay one of the heirs of Henry Fay late of Richmond deceased intestate, for a division of the estate of the said deceased: And whereas it hath been made to appear to me, that the several persons interested in said estate have been notified thereof as the law directs. I do, therefore, pursuant to the power and authority to me given, in and by the laws of the State aforesaid, hereby appoint and authorize you a committee, faithfully and impartially to divide and make partition, of all the real & personal Estate, whereof the said Henry Fay late of Richmond deceased, died seized and possessed in said State (excepting the Widow's Dower, and what may have been legally sold for the payment of the just debts of said deceased, among the children or heirs of said intestate, as the law respecting the descent of intestate Estates directs: And [if] any of the children or heirs of said intestate, have had portions advanced or delivered to them, by the said intestate in his life time, you are to take such advancements into consideration, either in whole or in part, of the share of such child or heir, in the Estate of said intestate, according to the value thereof, at the time such advancement, and deduct the same from their shares in such partition respectively.--
[page 192]
You are to take a true and perfect Inventory of all the said Estate, remaining to be divided as aforesaid, and of the portions which may have been advanced to the children or heirs of the said intestate, as aforesaid, each piece, parcel and article by itself, and justly and truly to appraise the same, at the present true value, thereof in money, all in words at length.
And if the real estate of the said intestate, or any part thereof lie in common or undivided with the real estate of any other person, you are first to sever and divide the Estate of the said intestate, from that with which it lies, in common as aforesaid, giving timely notice thereof to all persons interested, to be present, if they see cause.
And if any tract of land, messuage or other tenement, belonging to the Estate of the said intestate, shall be of greater value than either party's share in the said Estate, and cannot be subdivided, or part thereof assigned to one, and part to another, without injury and inconvenience, you may settle and assign the same to one of the parties: such party paying such sum or sums of of [sic] money to the party or parties, as, by means of the assignment, shall have less than their sharys, as you shall award.
And you are to cause the share of each child or heir of the said intestate, in the said Estate of which you shall make division and partition as aforesaid, to be accurately surveyed and ascertained, and are particularly to describe and designate the same, all in word at length.
When you proceed to execute the duties herein assigned you, let all parties interested have timely notice thereof, to be present, if they see cause. You are to be under oath, without partiality or sinister view, faithfully and equally to divide the said Estate, agreeable to the above directions, according to your best judgment and discretion.
And when you have completed this service, you are to make return of this Warrant, with your doings hereon, into the Probate office, for the District aforesaid, as soon as may be.
Given under my hand, and seal of office at Williston this seventh day of June in the year of our Lord one thousand eight hundred and twenty four.
Geo. Robinson, Judge
A true record by order, Nathan B. Haswell Register
And on the same 7th day of June A.D. 1824 it being represented to this court that Henry Fay one of the heirs of Henry Fay late of Richmond is out of this State the Court aforesaid appointed John Fay of Richmond as representative of the said Henry Fay to attend at the division of the said estate, and issued an order in the form following viz:
State of Vermont
District of Chittenden, Ss
} The Hon. the Probate Court for the District of Chittenden:
To John Fay of Richmond . . . . Greeting
Whereas, application hath been made to said court for a division of the Estate of Henry Fay late of Richmond deceased, in consequence whereof a warrant hath been issued to Martin Chittenden, Eli Brownson and Nathan Allen to make such division. And whereas Henry Fay who is interested in said estate is out of this state: therefore , you are hereby appointed, authorized, and empowered, to represent and act for the said Henry Fay in that behalf, agreeably to the statute in such case made and provided.
L. S. In testimony whereof I have hereunto affixed the seal of said court, and subscribed my name at Williston in said district, this 7th day of June A.D. 1824.
Geo. Robinson, Judge.
A true record by order, Nathan B. Haswell Register
And on the same 7th day of June A.D. 1824 it being represented to this Court that David Fay one of the heirs of Henry Fay late of Richmond deceased, is out of this State, the Court aforesaid appointed Harry Fay of Richmond as representative of the said David Fay to attend at the division of the said estate, and issued an order in the form following, viz.
State of Vermont
District of Chittenden, Ss
} The Hon. the Probate Court for the District of Chittenden:
To Harry Fay of Richmond..... Greeting
Whereas, application hath been made to said court for a division of the Estate of Henry Fay late of Richmond deceased, in consequence whereof a warrant hath been issued to Martin Chittenden, Eli Brownson and Nathan Allen to make such division. And whereas David Fay who is interested in said estate is out of this state: therefore , you are hereby appointed, authorized, and empowered, to represent and act for the said David Fay in that behalf, agreeably to the statute in such case made and provided.
L. S. In testimony whereof I have hereunto affixed the seal of said court, and subscribed my name at Williston in said district, this 7th day of June A.D. 1824.
Geo. Robinson, Judge.
A true record by order, Nathan B. Haswell Register
And, be it remembered that at a Court of Probate holden at Williston within & for the District of Chittenden on the 7th day of March A.D. 1825, the committee appointed to divide the estate of Henry Fay late of Richmond deceased, among the heirs, made return of their doings together with certificates of their oaths in form following, viz.
State of Vermont
District of Chittenden, Ss
} At Richmond this 9th day of February A.D. 1825 Personally appeared
Eli Brownson being appointed to make division of the Estate of
Henry Fay late of Richmond deceased, and made solemn oath, that, without partiality, or sinister views, they would faithfully and equally divide the said estate, agreeably to the above order to them given, according to their best judgment and discretion, Before me, Anias B. Cooper Justice Peace.
State of Vermont
District of Chittenden, Ss
} At Burlington this ninth day of July. A. D. 1825. Personally appeared
Martin Chittenden & Nathan Allen being appointed to make division of
the estate of Henry Fay late of Richmond deceased and made solemn oath without partiality or sinister view they would faithfully and equally divide the said estate agreeable to the within order to them given according to their best judgment and discretion.
Before me Eli Brownson Justice Peace
Pursuant to a warrant to us directed by the Hon. George Robinson Judge of the Court of Probate for the District of Chittenden.
We the subscribed having been first sworn agreeably to the directions of said warrant have appraised upon oath all the real estate whereof
[page 194]
Henry Fay late of Richmond deceased intestate, died seized within this State except as therein excepted as follows (viz).
151 acres and one hundred rods amounting to $910.00. Having done this we set off to the children and heirs of said deceased as follows viz.
To Henry T. Fay twenty five acres and an half. Beginning on the highway, the lower side of the road on the line between Robert Martin and the farm the deceased owned thence [technical description follows] to the place of beginning containing 25 1/2 acres valued at . . . $140.00.
To David Fay 21 acres and 28 rods. Beginning on the highway at the southeast corner of the above named Henry T. Fay land thence [technical description follows] to the place of beginning valued at $140.00.
To Nathan Fay 20 acres and 63 rods. Beginning at the Southeast corner of the above described David Fay's land, thence [technical description follows] to the place of beginning except the barn and barnyard privileges which is included in the widow's dower valued at $140.00.
To Mary Fay 10 acres and 43 rods. Beginning at the southeast corner of the above described Nathan Fay's land thence [technical description follows] to the place of beginning valued at $70.00.
To Jerusha C. Fay 10 acres and 122 rods. Beginning at the south east corner of the above described Mary Fay's land thence [technical description follows] to the place of beginning valued at $70.00.
To Jonathan Fay 21 acres and 34 rods. Beginning at the southeast corner of the above described Jerusha Fay's land thence [technical description follows] to the place of beginning valued at $115.00.
To John Lyman 17 acres and 55 rods being the share which belonged to Betsey Plumer, which was sold and transfered [sic] to John Lyman by Deed previous to our division. Beginning on Artemas Flagg's line the upper side of the road near his shop thence [technical description follows] to the place of beginning valued at $95.00.
The said John Lyman is to pay to Jonathan Fay twenty five dollars it being more than the said Lyman's share and less than Jonathan's share of the land.
To S.(?) Maria Fay 12 acres and 116 rods. Beginning at the north west corner of the above described John Lyman's land, thence [technical description follows] to the place of beginning valued at $70.00.
[page 195]
To Laury Ann Fay 12 acres of land Beginning at a stake and stone [technical description follows] to the place of beginning valued at $70.00~ Given under our hands this ninth day of Feby. A.D. 1825.
M. Chittenden
Eli Brownson
} Committee
At a Court of Probate holden at Williston in and for the District of Chittenden on the 7th day of March A.D. 1825, the foregoing report being presented to me the subscriber Judge of said court by the said Committee together with their warrant and certificates of their oaths, I do decree that the same be and they are hereby accepted and ordered to be recorded.
Geo. Robinson, Judge.
A true record by order, Nathan B. Haswell Register